by Doug Book, staff writer
Though Nancy Pelosi responded with a glib “Are you serious” to a reporter’s question about the Constitutionality of the Affordable Care Act shortly after the measure’s passage, her leftist comrades in the Department of Justice are not being dismissive of the issue any more.
In August, the 11th Circuit Court of Appeals ruled unconstitutional the “minimum coverage provision” or individual mandate which requires everyone purchase Obama-approved health insurance and penalizes those who do not. Judges Frank Hull and Joel Dubina of the 11th Circuit ruled that such an arrangement exceeds the power of Congress to regulate “commerce among the several states,” in this particular instance, commerce being the sale and purchase of insurance.
Obama’s legal brain trust had perhaps hoped the powers of Congress under the Constitution’s Commerce Clause would be enough to safely see ObamaCare through a flock of waiting appeals and into full operation. But Judges Hull and Dubina ended that bit of wishful thinking, writing a brilliant, decisive and thorough rebuke of the individual mandate in their 300 page opinion. And as their ruling conflicted with that of the 6th Circuit Court, a grant of certiorari by the Supreme Court to review the case was guaranteed.
U.S. court throws out Padilla’s 17-year terror sentence (said he deserves LONGER)
U.S. court throws out Padilla’s 17-year terror sentence (said he deserves LONGER):
A three-judge panel of the 11th U.S. Circuit Court of Appeals ruled Monday that the sentence imposed by a Miami federal judge was too lenient. The appeals court sent the case back for a new sentencing hearing.